Section 7.4 - Subrecipient Contract(a) Subject to prior Board approval, the Department and a Subrecipient shall enter into and execute a Contract for the disbursement of program funds. The Department, acting by and through its Executive Director or his/her designee, may authorize, execute, and deliver authorized modifications and/or amendments to the Contract, as allowed by state and federal laws and rules.(b) Subrecipients of state funds may Subcontract for the delivery of Program Participant assistance without obtaining Department's prior approval, but must obtain the Department's written permission before entering into a Subgrant. Department ESG funds and ESG Match may not be Subgranted.(c) The Subrecipient is responsible for ensuring that the performance rendered under all Subcontracts, Subgrants, and other agreements are rendered so as to comply with Homeless Program requirements, as if such performance rendered were rendered by the Subrecipient. Department maintains the right to monitor and require the Subrecipient's full compliance with the terms of the Subrecipient Contract.(d) A performance statement and budget are attachments to the Contract between the Subrecipient and the Department. Execution of the Contract enables the Subrecipient to access funds through the Department's Contract System.(e) Amendments and Extensions to Contracts. (1) Except for amendments that only move funds within budget categories, program staff will recommend denial of amendment requests if any of the following conditions exist: (A) if the award for the Contract was competitively awarded and the amendment would materially change the scope of the Contract performance or affected the score;(B) if the Subrecipient is delinquent in the submission of their Single Audit or their Single Audit Certification form required by § 1.403 of this title (relating to Single Audit Requirements);(C) for an amendment adding funds to the Contract, if the Subrecipient owes the Department disallowed amounts in excess of $1,000 and a Department-approved repayment plan is not in place or has been violated;(D) for an amendment adding funds (not applicable to amendments for extending time), if the Department has cited the Subrecipient for violations within § 7.11 of this subchapter (related to Compliance Monitoring) and the corrective action period has expired without correction of the issue or a satisfactory plan for correction of the issue;(E) the Contract has expired; or(F) a member of the Subrecipient's board has been debarred and has not been removed.(2) Except for amendments that only move funds within budget categories, program staff may recommend denial of amendment requests if any of the following conditions exist: (A) the request for an amendment was received in writing less than 30 calendar days from the end of the Contract Term; or(B) if the funds associated with the Contract will reach their federal or state expiration date within 45 calendar days of the request.(3) Denial of an amendment may be subject to § 1.7 of this title (relating to Appeals Process).(4) The Executive Director may on appeal approve an amendment where the Single Audit Certification Form has not been submitted as reflected in paragraph (1)(B) of this section. In addition, the Executive Director may on appeal approve an amendment where the conditions in paragraph (2)(A) and paragraph (2)(B) of this section exist. The Subrecipient must demonstrate good cause for the amendment, and such an amendment must not cause the Department to miss a federal obligation or expenditure deadline, or a state expenditure deadline.(5) Additional program specific requirements for amendments and extensions to Contracts are found in the program rules of this chapter, relating to Homelessness Programs.(f) The Department reserves the right to request supporting Expenditure documentation at any time in reviewing an Expenditure report for approval. The Department will use full Cost Reimbursement method of payment whenever any of the following conditions exists:(1) The Department determines that the Subrecipient has maintained cash balances in excess of need;(2) The Department identifies significant deficiency in the cash controls or financial management system used by the Subrecipient; or(3) The Subrecipient fails to comply with the reporting requirements in §7.5 (relating to Subrecipient Reporting) and § 7.6(relating to Subrecipient Data Collection) of this subchapter.(g) Voluntary deobligation. The Subrecipient may fully relinquish funds in the form of a written request signed by the signatory, or successor thereto, of the Contract. The Subrecipient may partially relinquish funds under a Contract in the form of a written request from the signatory if the partial relinquishment in performance measures and budget would not have impacted the award of the Contract. Voluntary relinquishment of a Contract does not limit a Subrecipient's ability to participate in future funding.(h) Funds provided under a Contract may not be used for sectarian or explicitly religious activities such as worship, religious instruction or proselytization, and must be for the benefit of persons regardless of religious affiliation.10 Tex. Admin. Code § 7.4
Adopted by Texas Register, Volume 41, Number 48, November 25, 2016, TexReg 9302, eff. 12/4/2016; Adopted by Texas Register, Volume 43, Number 28, July 13, 2018, TexReg 4728, eff. 7/22/2018; Adopted by Texas Register, Volume 45, Number 23, June 5, 2020, TexReg 3761, eff. 6/11/2020; Adopted by Texas Register, Volume 49, Number 08, February 23, 2024, TexReg 1048, eff. 2/27/2024